paul smith has some insight he's an openly gay attorney who argued one of the landmark cases involving gay rights striking down laws banning sexual relations between same sex couples. before that, he was also a clerk for justice lewis powell. >> "i think it has some impact on people to know family members and friends who are out and gay and happy and functioning in society. on the other hand its not by any means going to be a good predictor." >> reporter: we'll find out starting tuesday, when the court hears the challenge to proposition 8 -- california's same-sex marriage ban. that challenge is brought by california couples including jeff zarillo and paul katami.who say they have a right to marry just like heterosexual couples. and that the state's domestic partnership lawsarent good enough. >> "the term marriage is important it has global recognition no one celebrates a domestic partnershipversary. they celebrate an anniversary of marriage." >> reporter: on wednesday, the court will hear the challenge to the federal defense of marriage act. >> catherine: stay with kron-4 as we follow